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c. Product Liabiity Insurance. Each User will maintain a minimum coverage of$2,000,000 of <br /> general liability and product liability insurance, with Piedmont Food&Agricultural <br /> Processing Center named as "added named insured" on each policy. Users must provide <br /> proof of insurance to the PFAP Manager before User may enter and use the facility. <br /> 5. LIMITATION OF LIABILITY. No section of the Agreement is intended to create a <br /> waiver of Orange County's rights or privileges as a sovereign entity. User agrees that any and all <br /> claims involving PFAP are strictly subject to the following limitations: <br /> a. Business Services. All Business Services provided by PFAP and/or any officers, staff, or <br /> other agents of PFAP and/or Orange County are provided solely for the purpose of assisting <br /> User in the operation of its business. Orange County makes no representations, warranties or <br /> guarantees that the business services provided will result in the success of the User. User <br /> understands and acknowledges that User is solely and completely at freedom to accept or <br /> reject any business services, and that the principal(s) or owner(s) alone are in control of the <br /> User and its success or failure. User acknowledges and agrees that Orange County and any <br /> officers, staff, trustees or other agents of Orange County are not liable to the User, or its <br /> principal(s) or owners(s) for any damages resulting from the use of or reliance upon the <br /> business services provided by PFAP. <br /> b. Liability. PFAP and/or Orange County shall not be liable for any damage to either person or <br /> property sustained by the tenant or by any third party arising in any way out of the User's <br /> use, operation, occupancy of PFAP premises, or sale or distributing of any product <br /> manufactured on the premises. The Users covenant and agree to indemnify, defend, and hold <br /> harmless PFAP and Orange County, and its employees from all claims, costs, and liability <br /> arising from or in connection with damages, injuries to persons (including death), or <br /> property in, upon, or about the PFAP premises, or any portions thereof, or resulting from the <br /> sale, distribution, and use of any product manufactured by the User on the PFAP premises. <br /> c. Indemnity. User agrees to defend, indemnify and hold harmless PFAP and Orange <br /> County from all loss, liability, claims or expense, including attorney's fees, arising out of <br /> or related to claims, costs, and liability arising from or in connection with damages, injuries <br /> to persons (including death), or property in, upon, or about the PFAP premises, or any <br /> portions thereof, or resulting from the sale, distribution, and use of any product <br /> manufactured by the User on the PFAP premises, except to the extent same are caused by <br /> the negligence or willful misconduct of PFAP and/or Orange County. It is the intent of <br /> this provision to require User to indemnify Orange County and PFAP to the fullest <br /> extent permitted under North Carolina law. <br /> 6. CONFIDENTIALITY. User and PFAP agree and acknowledge as follows: <br /> a. Confidential Information. The Kitchen is a shared-use facility, and may be occupied and <br /> used simultaneously by similarly situated third-party Users ("Others"). The Parties further <br /> acknowledge and agree that the conduct of User's business and the production of User's <br /> food products may involve the use of recipes, techniques, sources of ingredients, financial <br /> and business records and other information that is owned and used exclusively by the User <br /> that constitute trade secrets or proprietary knowledge that must remain confidential for the <br /> protection of User's business ("Confidential Information"). User acknowledges and agrees <br /> 4 <br />